Rule 6-7.3 - MINIMUM STANDARDS(a) Minimum Period of Practice. The applicant must have been engaged in the practice of law in the United States or engaged in the practice of United States law while in a foreign country and must have been a member in good standing of the bar of any state of the United States or the District of Columbia for a period of 5 years as of the application date. Receipt of an LL.M. degree in taxation or estate planning and probate or other related fields approved by the board of legal specialization and education and wills, trusts, and estates certification committee from an approved law school will substitute for 1 year of the practice of law for purposes of the 5-year practice requirement, but not the 5-year bar membership requirement, under this subdivision. An applicant may not receive credit for more than 1 year of practice for any 12-month period under this subdivision. For example, an applicant who receives credit for being engaged in the practice of law will not receive additional credit for an LL.M. degree earned in the same time period by attending night classes. Practice of law that otherwise satisfies these requirements but that is on a part-time basis will satisfy the requirement if the balance of the applicant's activity is spent as a teacher of wills, trusts, and estates subjects in an accredited law school.
(b) Substantial Involvement. The applicant must demonstrate substantial involvement in the practice of law in estate planning, planning for incapacity, administration of estates and trusts, fiduciary and transfer taxation, probate and trust law, estates and trust litigation, and homestead law during the 5 years immediately preceding the application date, including devoting not less than 40 percent of practice to estate planning, planning for incapacity, administration of estates and trusts, fiduciary and transfer taxation, probate and trust law, estates and trust litigation, and homestead law in this state during each of the 2 years immediately preceding application. Service as a judge in the probate division of the circuit court of this state for 6 months or more of a calendar year satisfies 1 year of substantial involvement. Except for the 2 years immediately preceding application, the board of legal specialization and education may waive the requirement that the 5 years be "immediately preceding" the application date on an applicant's request and the recommendation of the wills, trusts, and estates certification committee for good cause shown. Except for the 2 years immediately preceding application, receipt of an LL.M. degree in estate planning and probate (or such other degree containing substantial estate planning and probate content as approved by the board of legal specialization and education) from an approved law school may substitute for 1 year of substantial involvement. An applicant must furnish information concerning the frequency of work and the nature of the issues involved. Time devoted to lecturing or authoring books or articles on wills, trusts, and estates substitutes for the practice of law if the applicant was engaged in the practice of law during the same period. Demonstration of compliance with this requirement shall be made initially through a form of questionnaire approved by the wills, trusts, and estates certification committee, but written or oral supplementation may be required.(c) Peer Review. The applicant must submit the names and addresses of 5 lawyers who are familiar with the applicant's practice, not including lawyers who currently practice in the applicant's law firm, to complete peer review forms. The board of legal specialization and education and the wills, trusts, and estates certification committee may authorize references from nonlawyers.(d) Education. The applicant must complete 90 credit hours of approved continuing legal education in the field of wills, trusts, and estates during the 3-year period immediately preceding the application date.(e) Examination. The applicant must pass an examination that will be practical and comprehensive and designed to demonstrate special knowledge, skills, and proficiency in estate planning, postmortem planning, planning for incapacity, administration of estates and trusts, fiduciary and transfer taxation, substantive and procedural aspects of probate and trust law, estates and trust litigation, homestead law, joint tenancies, tenancies by the entirety, conflicts of interest, and other ethical considerations. Such examination shall justify the representation of special competence to the legal profession and the public.Amended effective 10/29/1987 (515 So.2d 977); 9/21/1989, effective 10/1/1989 (548 So.2d 1120); 10/10/1991, effective 1/1/1992 (587 So.2d 1121); 7/23/1992, effective 1/1/1993 (605 So.2d 252); 7/1/1993 (621 So.2d 1032); amended and effective 12/4/2020 by The Florida Bar Board of Governors.